2015 - 2016 LEGISLATURE
January 29, 2015 - Introduced by Senators Cowles,
Olsen, Carpenter, Darling,
Erpenbach, Farrow, Harsdorf, Lassa, Miller, L. Taylor and Vinehout,
cosponsored by Representatives
Czaja, Kitchens, Mason, Born, E. Brooks,
Danou, Doyle, Heaton, Johnson, Kahl, Kolste, Krug, Kulp, T. Larson,
Macco, Meyers, A. Ott, Quinn, Ripp, Rohrkaste, Sargent, Spiros, Steffen,
Swearingen, Thiesfeldt, VanderMeer, Murphy, Weatherston, Milroy,
Sinicki, Stuck and Allen. Referred to Committee on Natural Resources and
1An Act to amend
299.97 (1); and to create
299.50 of the statutes; relating to:
2the manufacture and acceptance for sale of products containing microbeads.
Analysis by the Legislative Reference Bureau
This bill generally prohibits, with certain exceptions, the manufacture of a
personal care product containing microbeads (small, non-biodegradable plastic
particles) beginning December 31, 2017. "Personal care product" is defined in the
bill. The bill also prohibits, with certain exceptions, accepting a personal care
product containing microbeads for sale beginning December 31, 2018.
The bill creates different effective dates for these prohibitions for
over-the-counter drugs. "Over-the-counter drug" is also defined in the bill. Under
this bill, a person may not manufacture a personal care product that is an
over-the-counter drug containing microbeads beginning December 31, 2018, and
may not accept such a product for sale beginning December 31, 2019. This bill does
not apply to the manufacture or sale of prescription drugs.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
299.50 of the statutes is created to read:
1299.50 Products containing synthetic plastic microbeads. (1) 2Definitions.
In this section:
(a) "Over-the-counter drug" means a substance or product that may be 4
dispensed without a prescription and that contains a label which identifies the 5
product as a drug as required by 21 CFR 201.66
and which includes a drug facts panel 6
or a statement of the active ingredient or ingredients with a list of those ingredients 7
contained in the compound, substance, or preparation.
(b) "Personal care product" means any article, or a component of any article, 9
that is intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or 10
otherwise applied to the human body for cleansing, beautifying, promoting 11
attractiveness, or altering appearance, except that "personal care product" does not 12
include a prescription drug.
(c) "Plastic" means a synthetic material made from linking monomers through 14
a chemical reaction to create an organic polymer chain that can be molded or 15
extruded at high heat into various solid forms that retain their defined shapes 16
throughout their life cycle and after their disposal.
(d) "Political subdivision" means a city, village, town, or county.
(e) "Synthetic plastic microbead" means any intentionally added 19
non-biodegradable, solid plastic particle measuring less than 5 millimeters at its 20
largest dimension that is used to exfoliate or cleanse in a product that is intended to 21
be rinsed off.
(a) Beginning on December 31, 2017, no person may produce 23
or manufacture a personal care product containing synthetic plastic microbeads, 24
except for a product that is an over-the-counter drug.
(b) Beginning on December 31, 2018, no person may do any of the following:
1. Accept for sale a personal care product containing synthetic plastic 2
microbeads, except for a product that is an over-the-counter drug.
2. Produce or manufacture a personal care product that is an over-the-counter 4
drug containing synthetic plastic microbeads.
(c) Beginning December 31, 2019, no person may accept for sale a personal care 6
product that is an over-the-counter drug containing synthetic plastic microbeads.
7(3) Penalty and enforcement.
Any person who violates sub. (2) may be 8
required to forfeit not more than $500 for each violation. The department or any 9
district attorney may on behalf of the state bring an action for temporary or 10
permanent injunctive relief for any violation of this section.
11(4) Local regulation.
(a) A political subdivision may not enact an ordinance 12
or adopt a resolution concerning the manufacture, sale, or distribution of products 13
containing synthetic plastic microbeads.
(b) If a political subdivision has in effect on the effective date of this paragraph 15
.... [LRB inserts date], an ordinance or resolution that is inconsistent with par. (a), 16
the ordinance or resolution does not apply and may not be enforced.
299.97 (1) of the statutes is amended to read:
Any person who violates this chapter, except s. 299.15 (1), 299.47 (2), 19299.50 (2),
299.51 (4) (b), 299.53 (2) (a) or (3), 299.62 (2) or 299.64 (2), or any rule 20
promulgated or any plan approval, license or special order issued under this chapter, 21
except under those sections, shall forfeit not less than $10 nor more than $5,000, for 22
each violation. Each day of continued violation is a separate offense. While the order 23
is suspended, stayed or enjoined, this penalty does not accrue.